Sol._AG-82AT-S-17-0004.pdf

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CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

82AT

FORT COLLINS CO 80526-8119

2150 CENTRE AVENUE BUILDING E

ARAPAHOE-ROOSEVELT NF PAWNEE NG

USDA FOREST SERVICE

CODE 16. ADMINISTERED BYCODE

X

X

115310

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR82AT

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

05/05/2017 1300 MT

04/13/2017

970-295-6680KLENISE WALLACE

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

AG-82AT-S-17-0004

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 3 844797OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

USDA FOREST SERVICE

ATTN: KLENISE WALLACE

2150 CENTRE AVE BLDG E

FORT COLLINS CO 80526-8119

KLENISEWALLACE@FS.FED.US

15. DELIVER TO

FORT COLLINS CO 80526-8119

2150 CENTRE AVENUE BUILDING E

ARAPAHOE-ROOSEVELT NF PAWNEE NG

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$19.00

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ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USDA FOREST SERVICE

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

IGF::OT::IGF

Project Title: BOR Fuels Reduction Project

Solicitation No. AG-82AT-S-17-0004

Description: The USDA Forest Service, Rocky Mountain Region Two, Arapaho Roosevelt National Forests have a requirement for the removal of hazardous fuels involving the thinning of 57 acres of trees on Bureau of Reclamation lands for

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

CHRISTINA A. COOK

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

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REF.

X

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

the Canyon Lakes Ranger District in Larimer

County.

Project Location: This project is located on

Bureau of Reclamation land adjacent to the community of Estes Park. The project area is located in Sections 2 and 9 T4N. R73W. All legal descriptions referenced herein are located using the 6th Primary Meridian, Larimer County, Colorado. A project area vicinity map is included in attachment 1.

Access: All treatment units included in this contract are accessible by CO. State Hwys.7 and

66.

Pre-Bid Conference/On Site Visit: See Section L

Delivery: 05/14/2018

Period of Performance: 05/08/2017 to 05/15/2018

001 BOR Fuels Reduction Project

Product/Service Code: F014

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- TREE THINNING

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

3 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

AG-82AT-S-17-0004

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation No. AG-82AT-S-17-0004 Arapaho Roosevelt NF’s and Pawnee NG, Canyon Lakes Ranger District Page 4 of 63 CLRD BOR Fuels Reduction Project

This Page Intentionally Left Blank

Arapaho Roosevelt NF’s and Pawnee NG, Canyon Lakes Ranger District Page 5 of 63

Table of Contents

SECTION B – SCHEDULE OF ITEMS

SECTION C – DESCRIPTION/SPECIFICATIONS

SECTION D – PACKAGING AND MARKING

SECTION E – INSPECTION AND ACCEPTANCE

SECTION F – DELIVERIES OR PERFORMANCE

SECTION G – CONTRACT ADMINISTRATION DATA

SECTION H – SPECIAL CONTRACT REQUIREMENTS

SECTION I - CONTRACT CLAUSES

SECTION J – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION K – REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS

SECTION M - EVALUATION FACTORS FOR AWARD

Arapaho Roosevelt NF’s and Pawnee NG, Canyon Lakes Ranger District Page 6 of 63

SECTION B – SCHEDULE OF ITEMS

ITEM DESCRIPTION

UNIT OF

MEASURE

ESTIMATED

QUANTITY UNIT PRICE TOTAL PRICE

Fuels Treatment (Slashing/Hand Piling)

Unit 2

Acres 6 $ __________ $ __________

2 Unit 3

Acres 17 $ __________ $ __________

3 Unit 4

Acres 34 $ __________ $ __________ Total Quantity 57 Total Amount $ __________

Arapaho Roosevelt NF’s and Pawnee NG, Canyon Lakes Ranger District Page 7 of 63

SECTION C – DESCRIPTION/SPECIFICATIONS

C.1 GENERAL REQUIREMENTS

C.1.1 Introduction / Purpose The purpose of the BOR Fuels Reduction project is to acquire fuels management services to treat vegetation in order to reduce hazardous fuels and risk of wildland fires on Forest Service lands.

C.1.2 Scope This project consists of cutting trees as well as slash treatment of such trees via hand piling and/or lop and scatter in the Roosevelt National Forest, adjacent to the Estes Park community. The intent of the contract is to reduce hazardous fuels.

Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation and supplies to include mobilization, to cut all designated trees and arrange slash as specified. Performance of all work required to complete the project shall conform to the specifications and provisions of this contract. The BOR Fuels Reduction Project includes 57 acres of the treatment area (see Section B, Schedule of Items).

**Rights to salvage material will not be provided to the Contractor on this project.

C.1.3 Location and Treatment Guidelines

C.1.3.1 Location: The East Portal/Mary’s Lake project is located on Bureau of Reclamation land adjacent to the community of Estes Park. The project area is located in T4N, R73W, Sections 2 and 9. All legal descriptions referenced herein are located using the 6th Primary Meridian, Larimer County, Colorado. A project area vicinity map is included in Section J. **Access: All treatment units included in this contract are accessible by Colorado. State Highways 7 and 66.

C.1.3.1.2. Staging Areas and Access Location: All staging areas and access locations to be approved by the COR prior to use.

C.1.3.1.3. Access Roads: Public or private access roads damaged by the Contractor shall be restored, at Contractor’s expense, to the same condition they were in at the commencement of work.

C.1.3.2 Protected Improvements: Within the project area, protected improvements exist which will not be disturbed during contractor operations. These features are listed below and are identified on the Contract Area Map as “PI” (See Section J).

Protected Improvements included in this contract:

Protected Improvements

Description Location

Fences Upright and fair condition multi-strand smooth or barb wire with wood or steel posts

As located throughout contract area

Gates Metal and Wire Gates As located throughout contract area BLM Survey Marker Monument Post and Bearing Trees. **

TU-3, adjacent to NPS land along the southern boundary (see contract area map for location)

Power plant/admin structures/penstock

All improvements owned by the BOR TU-4

Power lines Power lines and utility poles As located throughout contract area Roads All Roads As located throughout contract area

All protected improvements will be protected from damage by the contractor. If any protected improvements are

Arapaho Roosevelt NF’s and Pawnee NG, Canyon Lakes Ranger District Page 8 of 63 disturbed the contractor will immediately contact the COR and will be liable for the cost of repairs.

** The Contractor shall be responsible for the protection from damage by their actions of all noted Monument Posts and Bearing Trees identified by the Forest Service within the contract area. The Contractor shall immediately notify the COR if any damage occurs to these resources.

C.1.3.3 Boundaries: The exterior boundaries of Treatment Units (TU) are marked with orange/black flagging and boundary signs. Signs with the TU number are posted periodically along the flagged boundary. See table for individual unit designation methods.

Prior to initiating operations, the Contractor shall complete a reconnaissance of the Treatment Units. The purpose of this field review will be to confirm and agree on all locations within the TU particularly areas that are defined by description. Government will also supply Contractor with necessary GPS files.

Treatment Units Method of Designation 2, 3, 4 Flagged and Signed

C.1.3.4. Streamside Management Zone:

Resource Protection Area:

An area that has special characteristics such as riparian vegetation. Special protection areas are noted on the contract map and require special treatment such as alteration to the tree cutting methods, slash treatment and vehicle travel.

Resource Protection

Description Location

Resource Protection Area

Stream Course Protection and Streamside Management Zone

See Contract Area Map

C.1.3.5 Statement of Work / Treatment Guidelines: The following Treatment Guidelines and Requirements are applicable to all Treatment Units in the BOR Fuels Reduction Project Area as directed by the contract:

Thinning Objectives Treatment objectives for all treatment units in the project area are to reduce the risk of crown fire near Estes Park and surrounding communities, to reduce the fuel loading, reduce ladder fuels and to improve the long term health and vigor of these forests.

The intent of this prescription is to accomplish these objectives by use of uneven-aged management treatments to establish open, irregularly-stocked multi-aged stands which can be maintained through time by periodic prescribed burning and possibly harvests.

To accomplish this, removals will be concentrated in smaller diameter classes. This under thinning will; 1) reduce the threat of crown fire by removing small diameter live ladder fuels, 2) reduce overall stocking levels to improve the health and vigor of the stands and 3) alter the existing species composition by reducing the amount of lodgepole pine and Douglas fir and leaving greater numbers of ponderosa pine and aspen. In general this prescription will focus on removal of trees in the smaller diameter classes but trees of larger diameter may be cut as in cutting designation table below.

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CUTTING DESIGNATION

UNIT DBH Required Spacing

2,4 All conifer species 1.0 foot tall to 5 inches DBH N/A

2,3,4 N/A Cut all dead/dying trees

2,4 All live conifer species > 5 inches DBH and < 8 inches

DBH

Cut all live non-sawtimber trees where the bole is within 5 feet (+/- 1 foot) of the dripline of a leave tree. Live conifers > 8 inches DBH may be cut if necessary to meet pile to reserve tree spacing

3,4 All live conifer species 1.0 foot tall to < 8 inches DBH

In > 0.25 ac. (one quarter ac.) aspen clones where aspen occupies 75% or more of the overstory remove conifers within the aspen clone

4 All live/dead species 1.0 foot tall to no maximum diameter Remove all trees within 50 feet of penstock

C.1.3.5.1 Selective Slashing/Thinning

C.1.3.5.1.1 Felling – All trees which are cut shall be completely severed from the stump. Trees shall be felled directionally away from private land boundaries, utilities, fences, and other improvements, protected water influence zones, drainages and land survey corners. Cut trees shall not be left leaning or suspended by any leave tree or fence. No hang-ups shall be permitted. The contractor shall immediately notify the utility company, then the COR of any trees which are felled across telephone or electrical lines. Removal of these trees shall be performed at the contractor’s expense. Restoration of utility lines shall be at the contractor’s expense to utility company standards.

C.1.3.5.1.2 Stump Height – All trees cut, shall be cut at or below a maximum of 6 inches above ground, measured from the uphill side, after a tree is felled. Trees shall be completely severed from the stump. No live limbs shall be left on the stump of any cut stem. A live limb is a limb of any size that has green needles attached.

C.1.3.5.2 Criteria for Selection of Leave Trees

a. The largest, healthiest, best-formed trees shall be selected as leave trees. Characteristics used in the selection of leave trees include the following:

1) Has no apparent damage to the main bole

2) Is not chlorotic

3) Demonstrates good vigor and is disease/bug free

4) Has at least 40 percent crown ratio

5) Live conifers > 8 inches DBH, unless otherwise agreed to by the COR.

b. Species preference:

Listed in order of preferred retention; however, leave the best tree possible. Best leave tree possible should not have dwarf mistletoe, dead/broken top, multiple tops, insect damage/disease, etc.

1. Engelmann Spruce

2. Ponderosa Pine

3. Limber Pine

4. Lodgepole Pine

5. Douglas Fir

6. Sub-Alpine Fir

Arapaho Roosevelt NF’s and Pawnee NG, Canyon Lakes Ranger District Page 10 of 63

7. Rocky Mountain Juniper (When Rocky Mountain Juniper will be left as a leave tree the contractor shall leave all stems that are attached to the same root collar. Root collar shall be defined as 1 inch above ground level. Multiple stems attached to the same root collar shall be defined as a Rocky Mountain Juniper group. Reserve tree spacing shall be measured from the bole if it’s an individual Rocky Mountain Juniper tree (single bole) or measured from the outer branches if it’s defined as a Rocky Mountain Juniper group). A Rocky Mountain Juniper group will be treated as one leave tree.

C.1.3.5.2.1 Damaged Trees – Contractor shall fall any tree damaged beyond recovery during the thinning operations. Damaged beyond recovery is: top of the tree has been knocked out, has approximately 50% of the bark removed from the circumference of the bole, tree is leaning more than 15%. Damaged trees requiring cutting will be noted by the COR in the quality assurance inspections.

C.1.3.5.3 Slash Treatment Applicable to All Treatment Units

Manual Units – Slash Requirements

Units Slash Method Slash Specifications

2,3,4 Pile existing and created slash 1 inch diameter at the small end and >4 feet in length to an 8 inch diameter. Piling slash greater than 8 inches is discretionary

4 Pile existing and created slash Slash piles shall be located at least 50 feet from either side of Penstock

Slash treatment shall be concurrent and progressive with the thinning.

Units: 2, 3, 4 All created and existing slash that is > 1 inch in diameter at the small end and > 4 feet in length to an 8 inch diameter shall be piled for this contract. Piling existing and/or created slash greater than 8 inches in diameter is discretionary. Incidental slash left on the ground shall not exceed 24 inches in depth and shall not be accumulated within 6 feet of residual trees for this contract. Limbing of downed material is required and piling shall be to contract specifications.

All piles shall be constructed by laying limbs, cut boles and other slash in the pile so as to be triangular in shape, or as specified. All ends that stick out more than 4 feet from the pile profile must be bucked off and piled. Larger material in piles shall be placed perpendicular to slope so it cannot roll downhill when burned.

Slash that causes large air spaces in piles shall be cut to eliminate air spaces. Each pile shall include an area of small sized slash (small branches less than ¼ to ½ in diameter and/or small branches with needles attached) to provide “kindling” for prompt ignition and to aid in combustion of larger slash. These fuels shall be placed in the center of the pile. All piles shall be compact to facilitate burning.

Unless approved by the COR, a maximum pile size shall be 12 feet in diameter by 10 feet in height and the minimum pile size shall be 8 feet in diameter by 8 feet in height at the time of final inspection.

Piles shall not be constructed in roadways unless specified by the COR. In some cases the COR may determine that it is beneficial to place piles or slash in old roads that have been closed. Piles shall not be constructed in roads, ditches or drains. Piles shall not be constructed any closer than 20 feet from established roads, trails and existing fences. Piles shall not be constructed within 100 feet of utility poles and a minimum of 50 feet from overhead utility lines. Piles shall not be constructed within the channel of any stream or draw or on top of downed logs, stumps or snags. Piles shall be located at least 8 feet from reserve trees and at least 50 feet from private property.

Burn piles would be located at least 50 feet from perennial streams and any water influence zone as agreed to.

Incidental slash shall not be left in a stream course location. Burn piles would be located at least 50 feet from any

Arapaho Roosevelt NF’s and Pawnee NG, Canyon Lakes Ranger District Page 11 of 63 buildings or structures. Slash piles would be located at least 50 feet from Penstock location. Unless otherwise agreed to, slash may be moved up to 100 feet to make an adequate size pile meeting contract specifications.

Minimum pile size maybe reduced by COR (by written agreement) if slash is required to be moved more than 100 feet.

Piles do not need to be covered.

Exceptions to the above specifications may be necessary due to the amount of slash, rocky conditions, tree density, slope etc. Any exceptions will need to be approved in writing by the COR.

C.1.3.5.4 Erosion Prevention and Control Contractors operations shall be conducted to reasonably minimize soil erosion. Equipment shall be operated when ground conditions are such that excessive damage will not result. The type of erosion control work done by the contractor shall be adjusted to ground and weather conditions and the need for controlling runoff. Erosion control work shall be kept current immediately preceding expected seasonal periods of precipitation or runoff.

C.1.3.5.5 Threatened, Endangered and Sensitive Species In the event that listed or proposed threatened or endangered plant or animal species are discovered in or adjacent to the project area, the Government shall direct the Contractor to discontinue all operations pending review of the project area. Should a Forest Service Sensitive species be discovered in or adjacent to the project area, the Government shall direct the Contractor to discontinue all operations pending review of the project area.

Actions taken under this paragraph shall be subject to the Suspension of Work clause in Section F, FAR 52.242- 14.

C.1.4 Furnished Property and Services

C.1.4.1 Government Furnished Property and Services Unless otherwise provided by the COR, the contractor will not be given threatened and endangered species information, cultural survey information and reporting formats, maps, photos and training. The Contractor will be obligated to report the discovery of any cultural resource or threaten or endangered species during operations. Keys for gates provided at the pre-work meeting are required to be returned within 15 days of completion of units behind specified gate. AD-107 must be completed at the pre-work meeting.

C.1.4.2 Contractor Furnished Property and Services Work Camps: Will not be allowed

Noxious Weeds: The Contractor shall ensure that prior to moving onto the project area, all off-road equipment is free of soil, seeds, vegetative matter, or other debris that could contain or hold seeds. Contractor shall provide COR with certification in writing that off-road equipment is free of noxious weeds prior to each start-up of operations and for subsequent moves of equipment to Project Area. The certification shall indicate the measures taken to ensure that off-road equipment is free of noxious weeds will be identified. “Off-road equipment” includes all logging or fuels treatment machinery, except for service vehicles, pickup trucks, cars, and similar vehicles.

Contractor shall employ whatever cleaning methods are necessary to ensure that off-road equipment is free of noxious weeds. Equipment shall be considered free of soil, seeds, and other such debris when a visual inspection by Government does not disclose such material. Disassembly of equipment components or specialized inspection tools is not required.

Unless otherwise directed by the COR, the Government will not require the contractor’s equipment to be cleaned before moving to another treatment unit if the Contractor is moving directly from one contract unit to another.

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C.1.5 Safety

C.1.5.1 General Health and Safety When Contractor’s Operations are in progress, contractor shall furnish, install and maintain all temporary traffic controls that provide the user with adequate warning of hazardous conditions associated with Contractor’s Operations. The Contractor and CO will agree to a specific Traffic Control Plan prior to commencing operations.

Devices shall be covered or removed when not needed. Except as otherwise agreed, flagman and devices shall be as specified in the “Manual on Uniform Traffic Control Devices for Streets and Highways” (MUTCD). Current edition may be found at https://mutcd.fhwa.dot.gov/pdfs/2009rlr2/pdf_index.htm.

Contractor shall develop and maintain a written safety plan specific to the work under this contract and shall provide it to the Government as instructed under Section L.1 of the solicitation.

C.1.5.2 Occupational Health and Safety Act (OSHA) and Safety Plan Contractors are subject to all applicable State and Federal OSHA rules and regulations. Work sites are remote and advance planning with regards to safety is crucial. Contractors must be prepared to discuss their safety plan and an emergency evacuation plan at the time of the pre-work meeting.

C.1.5.3 Communications All work sites are remote, and telephone service is usually unavailable on or anywhere near work sites. Having access to reliable communications is essential should an injury occur on the work site. Cell phone coverage in Colorado is not consistent. Contractors are encouraged to familiarize themselves with proper use of radios as well as emergency procedures.

At the time of the pre-work meeting, contractors must be prepared to discuss their communications plan.

Contractors shall provide a functional two-way communication system and be familiar with its use. The Contracting Officer's Representative (COR) or her /his Inspectors may require the Contractor, or their employees, to display on site that they have functional, adequate communications. Inadequate communications will be cause for the issuance of a written cure notice or stop work order.

C.2 PERIOD OF PERFORMANCE

Also addressed in Section F of this contract, the Period of Performance for this contract is 11 May 2017 or Award date through 14 May 2018. All work is expected to be completed by 14 May 2018.

The normal operating season for all work on this contract occurs between April 15 to October 31 of each year. No operations shall occur between May 15th and October 1st in units 2 and 3. The Contractor should not expect to be able to work outside of the normal operating season; however, the government may allow the Contractor to work outside of the normal operating season if the CO determines that it is in the best interest of the Government. Operations outside of the normal operating season may be allowed by the Contracting Officer by written agreement.

C.3 DEFINITIONS

The following are additional definitions applicable to all Treatment Units in the CLRD BOR Fuels Reduction Project Area as directed by the contract:

Best Management Practices: Practices and procedures designed to control pollution from non-point sources of pollution including runoff from forest roads.

Calendar Days: Every day shown on the calendar (Sundays and holidays included).

Contracting Officer’s Representative (COR) – The on-site administrator for the Contracting Officer. The duties and responsibilities of the COR are defined in the letter of designation issued by the Contracting Officer at the time

Arapaho Roosevelt NF’s and Pawnee NG, Canyon Lakes Ranger District Page 13 of 63 of contract award.

Contract Time: See Period of Performance.

Cutting Units (CU) – Areas identified by painted or described boundaries where hazardous fuel reduction treatments are prescribed. CUs are identified on the Contract Area Map. Also called Treatment Unit.

Dead/Dying Tree: Trees with the crown foliage changing from green to red, yellow, or needleless.

Diameter at Breast Height (DBH) – Diameter of a tree measured outside of the bark at a height of 4.5’ above ground level on the uphill side of the tree.

Dripline – The line extending vertically from exterior edge of a tree’s live crown to the ground.

Equipment - Includes all machinery except for log trucks, chip vans, pickup trucks, cars, or other vehicles primarily for transport of personnel.

Hang-up Tree: Any cut tree suspended more than three (3) feet off the ground.

Obstacle –Any object, which can impede, or damage the shredding/mulching or tree cutting equipment. This could include rocks, logs, old stumps, road banks or culverts.

Operating Plan – A written schedule completed by the Contractor of anticipated major activities, name of the Contractor’s Project Manager and other key personnel (H.3), public safety measures, management of gates, and other needs for completing the outlined work. The Contractor shall also include other specific information in the plan if requested by the Contracting Officer.

Penstock: A conduit that supplies water to a hydroelectric power plant.

Period of Performance (also Performance Period or Contract Time): The number of calendar days allowed in the contract for completion of contract work.

Project Area (PA): Areas identified as described boundaries with associated GPS files where hazardous fuel reduction treatments are prescribed. Treatment Units (TU’s) are identified on the Statement of Work Map.

Protected Improvements: Include various amenities found at developed sites that need to be protected from damage during the execution of the contract. Protected improvements are listed in Section C.

Quality Assurance: The actions taken by the Government to assess contract results and determine that the meet contract requirements. The methods for quality assurance are described under Quality Assurance Plan/Inspections in Section E.

Quality Control – Those actions taken by a Contractor to control the production of outputs to ensure that they conform to the contract requirements. The methods for inspecting for quality control are described in the Contractor’s Quality Control Plan (QCP).

Quality Control Plan: Plan provided by the contractor detailing methods to ensure quality control and full conformation of operations to the contract requirements.

Regeneration – Young pine trees including seedlings and trees > 1foot in height up to 5” DBH.

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Reserved Areas – Areas reserved or excluded from treatment that are located within CUs and meet at least one of the criteria listed below. The Contractor shall not conduct operations within Reserved Areas unless otherwise approved in writing by the Contracting Officer (CO). Reserve Areas may be identified by the Government in this Contract and the attachments to this Contract or may be identified by the Government during contract performance.

The Contractor may propose Reserved Areas. However, areas proposed by Contractor will only be considered Reserve Areas under this Contract if approved in writing by the CO.

Rock Outcrops: Areas where >70% of the surface is covered by rock.

Slash - Vegetative debris resulting from Contractor’s operations; such as portions of cut trees, tops and limbs.

Snag – A standing dead or dying tree, often missing a top or most of the smaller branches.

Special Protection Area: A zone that has special characteristics such as riparian vegetation, wildlife calving areas, etc. Special protection areas are noted on the Contract Area Map or will be identified by the COR at each project location prior to beginning operations. Special Protection Areas may require special treatment such as an alteration to the tree cutting, slash treatment, vehicle travel, or fueling of saws.

Staging Area: An area approved by the Forest Service for staging equipment during contract operations.

Stream course: The area along a stream with riparian vegetation and other riparian characteristics.

Treatment Unit: The individual units within the Project Area. Also called Cutting Unit.

Wetlands: Fens, springs, or seeps where the water table is close to or at the ground surface. Wetlands include buffers of at least 100 feet from the edge of the wetland. No treatment will occur within the wetland and the surrounding buffer.

SECTION D – PACKAGING AND MARKING

{For this Solicitation, there are NO clauses in this Section}

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SECTION E – INSPECTION AND ACCEPTANCE

52.246-4 Inspection of Services. (AUG 1996)

a) Definition. “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may—

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may—

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

(End of clause)

E.1 QUALITY CONTROL PLAN – The Contractor shall conduct inspections on all units in accordance with his/her Quality Control Plan (QCP).

E.2 GOVERNMENT QUALITY ASSURANCE INSPECTIONS

The Government will complete inspections as stated below for all work included in the contract.

E.2.1: The Government will use fixed radius plot sizes ranging from 1/5 acre (52.7’ radius) to 1/100 acre (11.8’ radius). A minimum of one percent of the Treatment Unit will be sampled. The Contractor will be provided information on the sampling methods applied by the Government to measure quality assurance.

E.2.1.1: The Contractor shall maintain a plot system that provides an unbiased sample of thinning quality and slash treatment which represents the entire treated area. At least one-percent of the treated area shall be sampled. The Government may observe or re-inspect the Contractor’s plots at any time. Prior to final inspection and submitting invoice for payment, all plot locations shall be identified on the ground by sketch map and flagging, unless by alternative method approved by the CO.

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E.2.2 Each inspection plot will be subdivided into four (4) quadrants based on cardinal directions. Each quadrant will be evaluated for compliance with all contract specifications as stated in Section C.1.3.5 that pertains to that individual treatment. If two (2) or more quadrants fail to comply, the plot will fail.

E.2.3 Work Quality Percentage. Work quality percentages are derived from data developed from inspection plots. The total number of satisfactory plots divided by the number of plots inspected determines the quality rate. This rate multiplied by 100 provides the work quality percentage.

Example: Number of plots inspected 25 Number of satisfactory plots 23 23 divided by 25 .92 Work Quality Percentage 92%

E.2.4. Government will pay 100% of line item price if work quality of all plots is at 95% or greater. If below, the Government will issue a letter of non-compliance. Contractor will be permitted to bring work quality to an acceptable standard. If the Contractor is unable to bring the work to an acceptable standard, then line item pricing will be reduced to the work quality percentage rate.

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SECTION F – DELIVERIES OR PERFORMANCE

52.242-14 Suspension of Work. (APR 1984)

452.211-74 Period of Performance. (FEB 1988) The period of performance of this contract is 11 May 2017 or Award date through 14 May 2018.

The Contractor shall complete the work under this contract within the contract time specified herein. Contract time will run concurrently on all items awarded to any specific contractor. All work shall be completed by May 14th, 2018. No operations shall occur between May 15th and October 1st in units 2 and 3. Operations outside of the expected operating season may be allowed by the Contracting Officer by written agreement.

F.1 Work Timing Contractor shall provide advanced notice to Contracting Officer’s Representative at least 7 calendar days before Contractor’s operations are scheduled to begin. Failure to do so will result in a delayed start time for Contractor’s operations.

Failure to begin work on schedule will make the contract subject to immediate termination for default.

Delays due to normal adverse weather, weekends, and holidays have been included in the calculation of contract time. The Government reserves the right to set the priority of items or sub items.

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SECTION G – CONTRACT ADMINISTRATION DATA

G.1 INVOICES & PAYMENTS

The Government will make payment by Contract Line Item for completed units, unless otherwise approved by the CO.

The Contractor may, at any time during the course of the contract, request re-measurement of any project area if it is determined that the acreage stated in the contract is incorrect. If re-measurement indicates that a variance of 5% or less exists, the contractor will pay for the actual cost of the re-measurement. Under this condition, payment for the project area will be made on the acreage stated in the contract. If re-measurement indicates the actual variance is greater than 5%, payment for the project area will be based on the re-measured acreage.

G.1.1. All invoices are to be submitted via the electronic Invoice Processing Platform (IPP) System.

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in previous communications from USDA and Treasury.

This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm Ensure your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account. Offeror must have an established account prior to commencement of work.

Invoice Processing Platform (IPP) does not allow for the contractor to change the description of the line items being invoiced against and therefore an itemized invoice must be uploaded as an attachment(s) or email to the COR for review prior to IPP invoice approval for payment. If the itemized invoice has not been reviewed and approved by the COR, the IPP payment request will be rejected. Please follow the minimum requirements to ensure a successful payment process.

IPP Invoice shall have the following areas completed at a minimum:

Invoice Number Invoice Date Bill Period Start Date Bill Period End Date Supplier Contact Name Supplier Contact Phone Contract Number

Itemized invoice shall include at a minimum:

Contractor Name & Address Contract number Invoice Number Description of Services or work completed.

Date of services or completion.

G.1.2. Payments and Deductions.

Payment will be made for fully acceptable work at the prices bid in the schedule of items. In the event of extended non-work periods because of adverse weather, the Contracting Officer may authorize progress payments for partially completed sub-items on a case-by- case basis. In accordance with the inspection clause, payment may be made for less than fully acceptable work at a reduced price. Other exceptions are noted below:

Payment will be made in full if inspection results are 95 percent or higher. If inspection results are below 95 percent, payment will not be made until the quality of work is 95 percent or greater.

Payments will be made and processed as follows:

https://www.ipp.gov/index.htm https://www.ipp.gov/vendors/enrollment-vendors.htm https://www.ipp.gov/vendors/enrollment-vendors.htm

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1. When cutting and slash activities are completed and accepted by the Contracting Officer on an entire treatment area; payment may be made at 100% of the bid rate for the acreage completed.

2. No more than one payment will be processed in any one month. No payments will be processed for less than $5,000.00 (unless it is a final payment).

G.2 FOREST SERVICE REPRESENTATIVES:

Klenise Wallace shall serve as the Contracts Specialist administering this contract and is the contact on all things concerning this contract. The Contracts Specialist can be reached at klenisewallace@fs.fed.us or 970-295-6680. The signing Contracting Officer (CO) is Christina Cook. She can be reached at christinaacook@fs.fed.us or 970-295-6635.

The Contracting Officer has full warrant authority over all contract issues.

The Contracting Officer Representative (COR) is Jared McNeil. He can be reached at jlmcneil@fs.fed.us or 970-295- 6740. The COR delegated authority, responsibilities and contact information will be defined on a delegation letter issued after contract award.

G.3 CONTRACT ADMINISTRATION DATA

Contract Award. A written award or acceptance of offer mailed or otherwise furnished to the Contractor shall result in a binding contract without further action by either party.

Notice to Proceed. The Contractor shall commence work upon receipt of a properly executed Notice to Proceed.

Changes. The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract and notwithstanding any provisions contained elsewhere in this contract the said authority remains solely with the Contracting Officer. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

Unauthorized Instructions from Government or Other Personnel. The Contractor shall not accept instructions issued by any person employed by the U.S. Government or otherwise other than the Contracting Officer, or the authorized representative of the Contracting Officer acting within the limits of his/her authority.

Designation of Contracting Officer’s Representative (COR). Designation will be made upon contract issuance of the contract and a copy of the designation letter will be furnished to the Contractor. Limits of authority are described in each designation letter.

Designation of Authorized Representative of the Contractor. The Contractor shall assign a member or employee who will act as Project Manager during the course of this contract or during the course of this project. The official shall be responsible for affording liaison between the contract forces and the contracting offices. This designation shall be in writing and a copy furnished to the Contracting Officer.

Contract Release The following supplements the Payments clause in Section G:

Before final payment will be made the Contractor shall sign a release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically accepted from the operation of the release. A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 15).

mailto:klenisewallace@fs.fed.us mailto:christinaacook@fs.fed.us mailto:jlmcneil@fs.fed.us

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SECTION H – SPECIAL CONTRACT REQUIREMENTS

452.237-74 Key Personnel. (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Project Manager and Field Supervisor.

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer.

Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

H.1. PERSONAL PROTECTIVE EQUIPMENT

The contractor shall train workers in the safe operation and use of equipment that the worker may use before the worker begins using such equipment.

Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered which may cause injury or impairment in the function of any part of the body. Defective or damaged personal protective equipment shall not be used.

The contractor shall provide chain saw chaps to each employee who operates a chain saw, at no cost to the employee.

These chaps must be approved by an Underwriters Laboratory or meet Forest Service specification 6170-47. The chaps shall cover the full length of the thigh and shall extend to the top of the boot on each leg.

The contractor shall assure that each employee wears foot protection that provides adequate traction and ankle support.

Employees operating chain saws shall wear foot protection that is constructed with cut-resistant material which will protect the employee against contact with a running chain saw.

In any area where the worker is exposed to the potential for flying or falling objects, the contractor shall provide a hard hat, at no cost to the employee, and the contractor shall assure that the employee wears the hard hat. The hard hat must meet the minimum requirements of American National Standards Institute (ANSI) standard Z89.1-1997.

The contractor shall provide, at no cost to the employee, eye protection where there is potential for eye injury due to flying objects. This eye protection must meet the minimum requirements of ANSI standard Z87.1-2003.

The contractor shall provide, at no cost to the employee, hearing protection where there is a potential for hearing loss due to high intensity noise for example, chain saw operation.

H.2. EMPLOYMENT OF ELIGIBLE WORKERS

Section 274A of the Immigration and Nationality Act (8 USC 1324a) makes it unlawful for an employer to hire undocumented workers. The Immigration and Naturalization Service (INS) has established the Form I-9, Employment Eligibility Verification Form, as the document to be used for employment eligibility verification (see 8 CFR 274a).

The contractor is required to (1) have all employees complete and sign the I-9 Form to certify that they are eligible for employment; (2) examine documents presented by the employee and ensure the documents appear to be genuine and related to the individual; (3) record information about the documents on the form, and complete the certification portion of the form; (4) retain the form for three years, or one year past the end of employment of the individual, whichever is longer.

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It is illegal to discriminate against any individual (other than a citizen of another country who is not authorized to work in the United States) in hiring, discharging, or recruiting because of that individual's national origin or citizenship status.

Compliance with Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is a material condition of the contract. If the contractor employs unauthorized workers during contract performance in violation of section 274A, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

For further information on the requirements of the Act, contractors should contact the Employer and Labor Relations Officer of their local INS office.

H.2.1 Labor Standards For Contracts Involving Migrant And Seasonal Agricultural Workers

(a) General. This contract is subject to the Migrant and Seasonal Agricultural Workers Protection Act (MSPA) (29 U.S.C 1801-1872) and to Department of Labor regulations implementing MSPA (see 29 CFR 500). The purpose of MSPA is to eliminate activities that are detrimental to migrant and seasonal agricultural workers, to require registration of farm labor contractors, and to assure necessary protections for the workers. In addition to traditional farm labor activities, the Act applies to predominately manual forestry work including, but not limited to, tree planting, release, pre-commercial thinning, and site preparation and wildland fire fighting.

(b) Definitions.

"Migrant Agricultural Worker" and "Seasonal Agricultural Worker", as used in this clause, mean individuals employed in agricultural (including forestry) work on a seasonal or temporary basis. A worker who moves from one seasonal activity to another is employed on a seasonal basis even though the worker may continue to be employed during a major portion of the year. Migrant workers are required to be absent overnight from their permanent place of residence. Seasonal workers are not required to be absent overnight from their permanent place of residence. Members of the contractor's immediate family are not considered to be either migrant or seasonal workers. "Immediate family" includes only (1) spouse; (2) children, stepchildren, or foster children; (3) parents, stepparents, or foster parents; and (4) brothers and sisters.

"Farm Labor Contractor", as used in this clause, means an individual who, for any money or other valuable consideration, paid or promised to be paid, performs any recruiting, soliciting, hiring, employing,…